Video sender transmitters are used to transmit signals from video appliances such as video cassette recorders to nearby television receivers, by means of radio transmissions. "

Kinda sounds like us right?

Then within the condition of operations section it refers to industrial, scientific and medical devices (ISM) as follows:

"LIPDs operating in bands designated for industrial, scientific and medical (ISM) applications will not be afforded protection from interference which may be caused by ISM applications (e.g. microwave ovens). The ISM bands are:

2400-2500 MHz 5725-5875 MHz"

That seems to indicate to me that the 5725-5875 frequencies shouldn't be used?

And thats all i've been able to find.

Can anyone point to something more definitive (perferably a positive statement) that indicates which frequencies can be used legitimately?

From what I can see, the legal 5.8GHz frequencies for Australia are those allocated to the ISM band (5.725 to 5.875MHz).

The adjacent parts of the 5.8GHz band (ie: around 5.7 to 5.9 seem to be allocated for similar uses -- albeit not on an ISM basis.

This means that the FoxTech type 5.8GHz systems are probably not strictly legal - since their frequencies are actually outside the ISM band on a range from 5.645 through 5.945GHz.

The reality is that unless you're a radio HAM, there aren't many legal frequencies you can use for FPV with useful power levels or freedom from 2.4GHz RC interference.

The benefit of 5.8GHz (legal or otherwise) is that it's a signal that doesn't carry very far (compared to lower frequencies) and any other service which might be using the 5.8GHz band for anything significant will almost certainly be using directional antennas that will make the chance of interference to/by those services very, very low indeed when you're flying FPV.